People v. . Sobieskoda

Pound, J.:

The indictment in three counts charged defendant with the ■ crime of murder in the first degree in taking the life of Stanley Luczak on March 9, 1922. The first count charged that defendant, with the deliberate and premeditated intent to cause the death of Vincent Luczak, killed Stanley Luczak; the second count, which was withdrawn by the district ¿ttorney on the trial, charged that defendant, without a design to effect the death of Stanley, killed him while attempting to commit the crime of murder in the first degree against Vincent Luczak (Penal Law, § 1044, subd. 2) ; the third…